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333.01 DI2TVING OR PIIXSIC,4L CONTROL WHILE lJNll1;R T}TE
<br />IN1rLiIENCE.
<br />(a) (1) Ooemtion Generally No person shalt operate any vehicle within {Iris
<br />Munlcipallty, if, nt the lime of the opcr¢fioq any of the follotving apply:
<br />A. 1'he puson is under dte influence of alcohol, a dmg of abuse, or
<br />a combination of them.
<br />D. Thepcrson has acnncentralion ofeighl-hundredths efoneper Cent
<br />or more but less dtan seventeen-hundredths of one per cent by
<br />weight per unit volume of alcohol in Ote person's wholo blood.
<br />C. The person has n concentration of ntnery_six-tltousmtdths of one
<br />per cent or more but less than hue htutdrxd tour-thousandths of
<br />one pet cent by wclghtper unit volume ofnlcohol in the person's
<br />Mood semm or plasma.
<br />D. The personhasaconcentralion of eigh[-hundredtlts ofone gzam or
<br />maze but less than sevenreea-hundredds ofone gram by weight M
<br />alcohol per two hundred ten liters of the person's breath.
<br />E. Thepersonhasacnncentra[inn aF eleven-hundredths ofone gmm
<br />or more but Less than two hundred thirty-clghtthousnnddts of one
<br />grant by weight of alcohol per one hundred milliliters of the
<br />person's urine.
<br />P. Thepcrson has aconcentmlion oFseventeen-hundredths ofoneper
<br />Cent or mate by weight per unit volume of alcohol in the person's
<br />. whole bloat.
<br />G. The person has a concentration of Iwo hundred four-thousandths
<br />of ono per cent or more 6y weight per unit volume of alcohol in
<br />[he person's blood semm or plasma.
<br />N, The person has ¢ concentration of seventeen-hundredtlts of one
<br />gram or nmre by weight of alcohol per two hundred [en tilers of
<br />the person's bmath.
<br />I. The person has a concentration of two hundred thirty-eight
<br />thousanddts of one gmm or more by weight of alcohol per one
<br />hundred milliliters of the person's urine.
<br />(2) A. No person shall he in physical contra{ of a vehicle svhilo under the
<br />int7uenee of alcohol, a drug of ebuso, or a combination of them or
<br />while the person's wlmle vlnod, blood scrum or plasma, breath, or
<br />urine contains at least the concentration oC alcohol specified in
<br />subsection (a)(1)D., C., D. or E. hereof.
<br />(ORC 4511.194)
<br />II. Nn person under [weary-une yeas of age shall be in physical
<br />control of a vehicle while under the iniucnce ei alcohol, a drug of
<br />abnsc, or a combination of them nt whiicthe person's whole blood,
<br />blood serum or plasma, breath, ar urine contains at least the
<br />concentration of AlCahol Specified in subsection (b)(1) to (4) hereof.
<br />)=yirla. o• Took.
<br />(7) Tn any criminal prosecution orjuvenile court proceedvtg for a violation of
<br />subsection (a) or (b) of this Becton or tar an equivalent offense, the court
<br />may admit evidence ou the Concentration of alcohol, drugs of abnsc, or n
<br />combination of Them fn the defentlant's whale blood, blend scrum or
<br />plasma, breath, urine or otlter bodily substance a[ the Limn of me alleged
<br />violation as shown by chemical analysis of the substance withdrawn within
<br />two homy of the rime of the ¢Ileged violation.
<br />When a persmt submits [o a blood test of the request of a law enforcement
<br />officer under Ohio R. C, 4511. ] 91, only a physician, a rag{stared nurse, or
<br />a gnallfied technician, chemist, or phlebofomis[ shah withdraw blood far
<br />the purpose oFde[crmining the alcohol, drug, or alcohol anti drug content
<br />of [he whole blood, blood semm, or blood plasma. This llmitatlon does not
<br />aPP7Y ro the taking of breath or urine specimens, A person autlmrixed to
<br />withdraw blood undcrlhis subsection may refuse to withdraw blood under
<br />Ibis subsection, it in that person's opinion, the physical welfare of the
<br />person would bo endangered by the withdrawing oFblood.
<br />The bodily substance withdrawn shall be tutalyzed in accordance with
<br />molhuds approved by rho Duecfor of Health by im individual possessing a
<br />valid permit issued by the llirecmr pursuant to Ohio R,C. 3701.I43.
<br />l) In n erimiunl prosecution or juvenile court proceeding for violation of
<br />subsection (a) of this section or for an equivalent offense, f fthere was cube
<br />time [he bodily substance was withdrawn a concentration of less than the
<br />applicablecmicenbudon of alcohol specified in subsections (a)!1)E .f D
<br />a t F uF this section, Otat fact may he considered with other competent
<br />evidence In determining the gull[ or innocence aF the defendant. This
<br />subsection does not limit nr.a(iect a criminal pmsecutien nr juvenile coon
<br />proceeding for a violation of suhsecGon (b) of Ibis section or for an
<br />equivalent offense that is subslandally equivalent m that subsccfien.
<br />(2)
<br />(b) Operation Afmr Under-Ape Consnmmion No person under hventy-ate years of
<br />age shall operate any vehicle width [his Municipality, if, at the lime of the operation, any of the
<br />followhtg apply:
<br />(I) The person has a concenlmtion of at least two-hundredtlts ofone per cent
<br />but less than eight-]tundredrhs of one per cent by weigh[ per unit volume
<br />at alcohol in the person's wholo blood,
<br />(?) Thepersonhnsaconcenuationofotleas[three-hundredths ofone per cent
<br />but less than ninety-six-thousmdths of one per cent by weight per unit
<br />volume of alcohol in the person's blend semm or plasmm,
<br />{3} The personhas aconcemmlion of of leasttwo-hundredths oFono gram but
<br />less than eight hundredtlts of une gram by weight of alcohol per two
<br />hundred ten liters of the person's'breatlt.
<br />(4) Thepcrson hasaconcen[ration ofatleas[twenty-elgh[ono-lhousandlhs of
<br />ono gram but less titan eleven-hundrtdths of one gram by weigh[ of
<br />alcohol per one hundred milliliters of dte person's urine.
<br />(c) Otto Coovictlon Limitation In any proceeding arising out of one ineldent, a
<br />person may be charged with a violation of subsection (a)p)A. or (a)(2) and a viola4on of
<br />subsection (6)(1), (2) or (3) of this section, but the person may not be rovvlcted o(morc Than one
<br />violation of these subsections. (ORC 4511.99)
<br />(d) Physical Control
<br />(ll As used in flds subsection,'physics{ control"memts being ht thedriver's
<br />position of the front seat of a vehicle and haying possession of the
<br />vehicle's Ignition key or otlter ignition device.
<br />Upon Ote request of thepersan who was tested, the resells of the chemical
<br />mst shall be made available to tltc person or Ore person's attorney,
<br />immediately upon the cont(tledmt oFlhe chemical rest aaalysis.
<br />Thepcrson tested mxy have a physician, a registered nurse, or a qun110ed
<br />technician, chemist or plilebotondst of the person's own choosing
<br />administer a chemical test or tests, nt the person's expense, m addiliou to
<br />any administered at the request of a lmv enforcement officer. 71te form to
<br />be read to the person to be tested, as required under Ohio TLC. 451 ].192,
<br />shall state that the person may have an independent test performed at the
<br />person's ezpeiue. The failure or inability to obtain an additimtal chemical
<br />test by a person shot{ not preclude the admission of evidence relating to the
<br />chemical test or tests takes ar the request of a law enforcement officer,
<br />A. As used in subsections (c)(4)B, and C. of This section, "national
<br />highway traffic safety ndministm[ion" [peons [he National Traffic
<br />Highway Snfcry Administrntlon established as an administration of
<br />the United States Dcparmtcnt ofq'mnsportadon under 96 Stat. 2415
<br />(1983), 49 U.S.C.A. 705.
<br />B. In any criminal prosecution or jovenlle court proceeding for a
<br />violation of subsection (a), (b) ar (d) oftllis section, of a municipal
<br />ordinance relating [o operating a vehicle while under [he in[I ueucc
<br />of alcohol, n dmg of abuse, or alcohol and a dmg of abuse, or oCa
<br />nwnicipal ordionncerelating to operating a vehicle Witlt nprohibhed
<br />concontrtdion of alcohol iu the blood, breath or urine, if a law
<br />enforcemcn[ officer has administered a field sobriety test [o the
<br />operator or person in physical control of the velilcle involved in the
<br />violation and ii If is shown by clear and convincing evidence Thar the
<br />officer adntinislercd [he test In substantial compliaaw with the
<br />tesing standards forany reliable, credible, anti generally accepted
<br />field sobriety tests that were in effect al Iho lime file tests warn
<br />administered, including, but not limited [o, any testing standards
<br />than in effect that were sc[ by the Nafioual }}ighway Traffic Solely
<br />Administration, ail of the Following apply:
<br />1. The officer may testify concerning the results of the field
<br />sobriety test so administered.
<br />2. Tho prosecution may introduce rho results of the field
<br />sobriety test.so administered as evidence iv any proceedings
<br />in the criminal prosecution orjuvenile court pracceding,
<br />3, If testimony is presented or evidence is introduced under
<br />subsection (e)(4)II.7. or 2, of This suction and iF the
<br />testimony or evidence Is admissible under the Rotes oP
<br />Bvidence, the court shall admit the testimony or evidenco
<br />and the Trier of fact shNl give it Whatever weigh[ the Vier of
<br />(act considers m he appropriate.
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